Lithgow Community Private Hospital

[2015] FWCA 8045

[2015] FWCA 8045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lithgow Community Private Hospital
(AG2015/5231)

LITHGOW COMMUNITY PRIVATE HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2015-2018.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 NOVEMBER 2015

Lithgow Community Private Hospital and NSWMNA/ANMF Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lithgow Community Private Hospital and NSWMNA/ANMF Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lithgow Community Private Hospital. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

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